Gabriel Pollard,16, died after a transportation lift used by the Disabled Sailing Association of Victoria broke, dropping him to the ground and into the water. The provincial government has filed a civil claim for compensation of Pollard’s health costs. (GoFundMe)

Gabriel Pollard,16, died after a transportation lift used by the Disabled Sailing Association of Victoria broke, dropping him to the ground and into the water. The provincial government has filed a civil claim for compensation of Pollard’s health costs. (GoFundMe)

Province sues over sailing incident that killed teen with disabilities

Gabriel Pollard, 16, died from injuries after marine lift failed

The B.C. government is suing the federal government, two individuals and a number of other organizations to recover health costs incurred by the province following a 2018 accident that claimed the life of 16-year-old Gabriel Pollard.

Pollard, who was living with severe muscular dystrophy, died from injuries he sustained after falling from a marine lift near Victoria on June 21, 2018.

According to court documents, Pollard, who used a wheelchair, was being transferred to a sailboat when a “marine lift with a sling” failed. The teen dropped onto the sailboat below and ended up in the water, where he was “for some time” according to court documents.

RELATED: Investigation continues into death of teen Victoria sailor in dockside accident

At the time of the incident, Pollard was participating in sailing activities at an Esquimalt dock near Maplebank Road, operated by the Canadian Forces Sailing Association.

Court documents maintain the facilities had been loaned to the Disabled Sailing Association of British Columbia’s Victoria branch, the Victoria Integration Society (VIS) and Recreation Integration Victoria (RIV).

All three organizations are named as defendants in the province’s case, along with two unnamed employees – referred to only as John Doe 1 and John Doe 2 – as well as the Attorney General of Canada and the Department of National Defense.

The province is suing for compensation of Pollard’s health care costs which the documents say resulted from the “negligence of the defendants, singly or together.”

RELATED: Victoria mother whose son died in sailing accident goes to court

The province’s civil claim comes after Pollard’s mother, Carrie Pollard, filed for damages in October 2018. Her case claims the defendants failed to provide a “proper and safe” lift and sling for disabled sailings, and also lists failed inspections and maintenance, modifications, and a lack of protocols and training as the negligence and breach of duty causing her son’s death.

Court documents from Carrie Pollard’s notice of civil claim say she was there the day the marine lift failed and she saw her son “fall and strike the sailboat and then fall into the water and struggle in the water awaiting rescue.”

The documents say she was with her son in the ambulance on the way to the hospital and was present when he died as a result of his injuries later that day. Pollard said she developed post-traumatic stress disorder as a result of the shock of her son’s accident and death, is now severely distracted and experiences nightmares, depression and sleeplessness.

Pollard’s civil suit seeks damages for loss of past and future income, loss of earning capacity, loss of savings, loss of care and companionship, special damages and past and future care costs.

READ ALSO: Health authority denies wrongdoing in B.C. toddler’s death at daycare

In a documented response to Pollard’s civil claim, VIS and RIV deny having played any role in organizing the sailing activities taking place when Gabriel Pollard was injured. The two parties also maintain to have had no control over what took place on the premises and or in supervising the staff operating the lift and sling.

VIS and RIV also say they refer clients to community organizations such as the Disabled Sailing Association and were at no time in a contractual relationship with Gabriel or Carrie Pollard.

Both civil suits are yet to be argued in court.



nina.grossman@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

The visitors’ centre and courtyard are the first places that greet visitors to McLean Mill National Historic Site in Port Alberni, B.C. (SUSAN QUINN/ Alberni Valley News)
McLean Mill exclusion application now in ALC’s hands

Decision on whether to remove national historic site from ALR ‘could take months’

NIC’s new president Lisa Domae assumed the role of president on April 12. Domae has worked at NIC since 2000, most recently as the executive vice president, academic and chief operating officer. (SUBMITTED PHOTO)
New North Island College president launches draft strategic plan

Lisa Domae assumed the role of president on April 12, 2021

Terrance Mack would have celebrated his 34th birthday on May 13, 2021. Mack’s family has identified him as the victim of a homicide in an apartment on Third Avenue in Port Alberni sometime in April. (SUBMITTED PHOTO)
Family identifies Ucluelet man as victim of homicide in Port Alberni

Terrance Mack being remembered as ‘kind, gentle’ man

Residents living in the 41-unit King George Apartments on Fifth Avenue and Argyle Street in Port Alberni will be able to remain there after the Canadian Mental Health Association and Province of B.C. partnered to purchase the building in May 2021. (SUSAN QUINN/ Alberni Valley News)
Province steps in to secure housing for Alberni apartment tenants

CHMA receives $3-million grant to help purchase building near city hall

Port Alberni’s first movie theatre, started before 1920, was originally located on First Avenue, across from Alberni Hardware. This photo is one of 24,000 included in the Alberni Valley Museum’s online archives, available for public viewing at https://portalberni.pastperfectonline.com. (PHOTO PN09360 COURTESY ALBERNI VALLEY MUSEUM)
LOOK BACK: Port Alberni’s first movie theatre

The Port Theatre was destroyed by a fire in 1952

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10-million grant from B.C. government

Long sought-after funds to bolster organization’s important work

A prowling coyote proved no match for a stray black cat who chased it out of a Port Moody parking lot Friday, May 14. (Twitter/Screen grab)
VIDEO: Little but fierce: Cat spotted chasing off coyote by Port Moody police

The black cat is seen jumping out from under a parked car and running the wild animal out of a vacant lot

The new wing at the Victoria International Airport opened up on Thursday (File contributed/YYJ)
Pandemic takes ‘hundreds of millions’ out of Victoria Airport, Vancouver Island economy

Airport authority head says passenger volumes down as much as 98 per cent

The top photo is of a real carbine rifle, while the bottom photo is the airsoft rifle seized from a Kelowna man on May 15. (Contributed)
RCMP issue warning: ‘Imitation firearms need to be dealt with responsibly’

A man brandishing his airsoft rifle in public had his weapon seized by Mounties on Saturday

Reigning women’s World Champion Kaetlyn Osmond, who also took bronze at the 2018 Pyeongchang Winter Olympics, will debut two brand new programs for the 2021 Stars On Ice tour, in Victoria May 15. (File photo)
Kurt Browning, Elvis Stojko hit the ice when Stars On Ice returns to Vancouver Island

The star-studded lineup is makes a return after pandemic hiatus

Abbotsford Regional Hospital. (Black Press Media files)
Canada marks 25,000 COVID-19 deaths since the pandemic began

6 in every 10,000 Canadians died of COVID-19 since March 9, 2020

Staff-Sgt. Svend Nielsen, with the 100 Mile House RCMP. (Melissa Smalley - 100 Mile Free Press)
14-year-old boy killed in serious ATV crash near 100 Mile House

Youth was travelling with a group of peers when the incident occurred last Friday

Relief is coming for B.C.’s struggling tourism sector. (NEWS file photo)
B.C. officials set to announce more support for tourism sector hit hard by pandemic

Non-essential travel is restricted between three regional zones in B.C. until at least May 24

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Most Read